Wrongly Convicted Database Record

 

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Frederick McDermott

 

Charge:

Murder

Sentence:

Death and later resentenced or commuted to Life

Years Imprisoned:

7

Year Crime:

1936

Year Convicted:

1947

Year Cleared:

2012

U.S. State or Country of Crime:

Australia

County or Region of Crime:

New South Wales

City of Crime:

Grenfell

Result:

Judicially Exonerated after Pardon

Summary of Case:

"Frederick McDermott was wrongfully convicted in 1947 of a murder committed in 1936 in New South Wales. McDermott's conviction was based on his recanted confession while drunk years after the murder, and the incompetent or dishonest evidence of prosecution forensic witnesses. McDermott was sentenced to death, which was later commuted to life in prison. After seven years of imprisonment a Royal Commission determined McDermott was innocent, and he was pardoned in 1954 and released. McDermott died in 1977. On November 28, 2012 the New South Wales Court of Appeals posthumously quashed McDermott's conviction as a miscarriage of justice. It was the first time in Australian legal history that the appeals court had posthumously vacated a conviction."

Conviction Caused By:

Incompetent or dishonest evidence of prosecution forensic scientists.

Innocence Proved By:

"In 1954 a Royal Commission establsihed McDermott's innocence and he was released. On November 28, 2012 the New South Wales Court of Appeals posthumously quashed McDermott's conviction."

Defendant Aided By:

Frederick McDermott had already served five years of a life sentence for murder when Farrell unearthed new evidence about the case. A Royal Commission eventually found McDermott had been the victim of a grave miscarriage of justice. Investigation by reporter Tom Farrell of The Daily Telegraph led to McDermott's exoneration..

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Not guilty of murder - after 65 years, By Paul Bibby (Court Reporter), Sydney Morning Herald, November 29, 2012"

Information Location 1:

http://www.smh.com.au/nsw/not-guilty-of-murder--after-65-years-20121128-2aegs.html

Information Source 2:

"Dead man's conviction quashed in Australian first, By Karl Hoerr and Jamelle Wells (staff), ABC News, November 28, 2012"

Information Location 2:

http://www.abc.net.au/news/2012-11-28/dead-man27s-conviction-quashed-in-australian-first/4396742

Information Source 3:

"Forensic DNA testing: Where technology trumps due process, June 30, 2002"

Information Location 3:

http://home.iprimus.com.au/dna_info/dna/

Information Source 4:

The best Australian journalism of the 20th century - 1950s

Information Location 4:

http://www.fifth.estate.rmit.edu.au/November/104.htm

Information Source 5:

Information Location 5:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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